Our business is restructuring and we need to make positions redundant. Can we make a pregnant employee redundant? Can we make employees on parental leave redundant?

If the fact that the employee(s) are either pregnant or on parental leave has no bearing on the decision to make the role redundant, or the decision to select particular employees for redundancy then yes. However, pregnant employees and those on parental leave should be offered the same redeployment opportunities as a part of the redundancy process; otherwise employers may face discrimination claims on the basis of pregnancy, or carer’s responsibilities or other claims under the FW Act.

An employer is required to discuss with the employees changes likely to have a significant impact on the employee’s position. An employer is also required to give the affected employees information about proposed changes – this includes providing reasons for the decision. This is essentially because employees who are on parental leave during this period are at a natural disadvantage in respect of the consultation process.

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with the utmost care, and will never sell your information to any third parties. If you choose to receive
occasional updates and advice on how to grow your business you can unsubscribe at any time.
View our Privacy Policy here.